In Vietnam, IPR infringements may be subjected to criminal liability in serious cases. According to prevailing Criminal Code of Vietnam, there are some articles providing penalties against offences relating to counterfeits and IP infringements.

• Article 131 - the offense of infringing upon copyrights.

• Article 171 - the offense of infringing upon industrial property rights

• Article 156 - the offense of making, trading in counterfeit goods

• Article 157 - the offense of making, trading in counterfeit goods which are food, foodstuff, medicines, prophylactics

• Article 158 - the offense of making, trading in counterfeit goods which are animal feed, fertilizers, veterinary medicines, drugs for the protection of vegetation, seedlings, domestics creatures.

The penalties imposed on the infringers of the offences in Article 131 and 171 are almost the same, any person who infringes industrial property rights or copyrights causing serious consequences, or any infringer who has been punished administratively, or who has been convicted of the same or similar act before his criminal record has been expunged, shall be fined up to 200 million Vietnamese Dong (VND) or re-educated without detention for up to 2 years.  In "very serious" or "extremely serious" cases, the penalty shall be imprisonment for up to 3 years. Besides, the mentioned penalties, the infringers may also subject to additional penalties, namely may be fined up to 100 million Vietnamese dong,

Articles 156, 157 and 158 provide that any person who produces or traffics in counterfeit goods equivalent in quantity to a quantity of genuine goods having a value of 30-150 million VND, or equivalent in quantity to a quantity of genuine goods worth less than 30 million VND but which causes serious consequences, or any person who was punished administratively or convicted of the same or similar offense before his criminal record has been expunged, shall be imprisoned for up to 5 years.  If the counterfeit goods are food, foodstuff, medicines, prophylactics (Article 157), the counterfeiter may be imprisoned for 20 years, imprisoned for life, or given the death penalty in extremely serious cases.

An IPR owner may start criminal procedure when he is aware of infringement activities. The IPR Onwer should obtain evidences of counterfeits, determine counterfeiter's name and address, or the location where the counterfeits premises and warehouse.

IPR Owner's petition can be submitted to the Investigating authorities (the Police or Procurator) along with collected evidences and information of the counterfeiter's premises and warehouse.

Investigating authorities include the Police and Procurator of various levels. During the investigation investigating authorities are entitled to implement deterrent measures including arresting, temporary seizing, guaranteeing, releasing on bail. The Investigating authorities may require a professional opinion of IP experts. The whole investigation process falls under a strict control and supervision of procurators. The investigation process is completed by investigation conclusion and request for institution of prosecution. The investigation conclusion and request for institution of prosecution shall be addressed to the procurator of the same level for approval.

Procurator are the authorities who have power not only to supervise investigation and trial, but also to indict and to prosecute infringers.

The competent court of the first instance is the district one. For the complicated cases, the first instance courts may be the one of provincial or municipal level. If the foreign element is involved, the competent courts will be Hanoi or Ho Chi Minh City People's Courts. Decision of the first instance courts may be appealed against to higher court or/and Supreme Court.

In criminal procedure, IPR owner participates as an injured person or a civil plaintiff, who has the right to produce evidence and make a claim damages, make appeal against judgement and decision of the court concerning damages and punishment imposed on the accused.

IPR owner shall have the right to request the court to give him excerpt of the judgement or a copy thereof. Any compensation for damages decided by the court in their judgement shall be executed in accordance with Civil Execution procedure.